Patent Registration in India

Patent Registration in India – Secure Exclusive Rights Over Your Innovation

Patent registration ensures that your invention remains exclusively yours — no one else can make, use, or sell it without your consent. Protected under the Indian Patents Act, 1970.

What Is a Patent?

A patent is a government-granted right to an inventor for a new product, process, or improvement for 20 years. It protects originality and fosters innovation.

  • New product or device
  • Manufacturing process or improvement
  • Machines, apparatus, or systems
  • Chemical/biological compositions
  • Hardware-linked software

Who Can Apply?

  • Inventors (individuals)
  • Startups and companies
  • Legal heirs or assignees
  • Universities, R&D bodies, and foreign nationals

3 Key Criteria for Patentability

  1. Novelty – Should be new and not disclosed previously.
  2. Inventive Step – Should show advancement or technical effect.
  3. Industrial Applicability – Must be usable in industry or practical fields.

What Cannot Be Patented?

  • Abstract ideas, natural laws, scientific principles
  • Mathematical or business methods
  • Plants, animals, traditional knowledge
  • Aesthetic or artistic creations

Types of Patent Applications

  • Provisional Application: Secure a priority date; allows 12 months for complete filing.
  • Complete Specification: Required for final patent review and grant.
  • Ordinary Application: Filed directly in India without international linkage.
  • Convention Application: Filed within 12 months of application in convention countries.
  • PCT International Application: Global filing through Patent Cooperation Treaty.
  • PCT National Phase Application: Indian submission of a global PCT application.

Step-by-Step Process

  1. Conduct prior art/patent search
  2. Draft provisional or complete specification
  3. File application online via IPO website
  4. Wait for publication (after 18 months or sooner via Form 9)
  5. Request Examination (Form 18)
  6. Respond to objections in First Examination Report
  7. Get the patent granted and published

Documents Required

  • Form 1, 2, 3, 5, 26
  • Drawings and abstract
  • Proof of right (if assignee)
  • Digital Signature Certificate

Patent Registration Timeline

StageTimeline
Provisional FilingSame Day
Complete SpecificationWithin 12 Months
PublicationAfter 18 Months
Examination & Grant2–4 Years

Benefits of Patent Registration

  • Legal ownership and monopoly
  • Higher business valuation and investor interest
  • Exclusive revenue through licensing
  • Protection in over 150 countries via PCT

FAQs – Frequently Asked Questions

📌 Can I patent my idea without building a prototype?

✅ Yes. As long as your invention is technically defined and workable on paper, it can be patented.

📌 How much does it cost to file a patent in India?

✅ Government fees start from ₹1,600 for individuals. Professional and legal costs may vary additionally.

📌 Can I sell or license my patent?

✅ Yes. Once granted, you can commercialize it by selling or licensing to others for royalty or upfront fees.

📌 What is a patent agent or attorney?

✅ A certified professional who can draft, file, and manage the entire patent process on your behalf.

📌 Can I protect my patent globally?

✅ While there’s no single global patent, you can apply in 150+ countries using the Patent Cooperation Treaty (PCT).

Protect Your Innovation Today

We help startups, inventors, and creators file strong, enforceable patents. Consult our experts today.